Contents

Ministerial Foreword

Crofting occupies a unique place in the cultural heritage of
Scotland. It is woven into our history and tells a story of who we
are and where we have come from. We are aware of its past, but what
will be its future? The Scottish Government understands that
crofters and solicitors have long argued that crofting legislation
is overly complicated and outdated, and what we now need is a
transparent framework that is, understandable and workable in
practice. Legislation that complements the future of crofting.

Crofting makes a vital contribution to the economy, environment
and sustainability of communities in Scotland's remote rural areas.
To put crofting into context, there are over 20,000 crofts with
around 33,000 people living in crofting households. In addition,
there are over 1,000 common grazings covering over 550,000 ha
across Scotland. In 2016 alone, the sector generated an estimated
revenue of £85.8 million.

Much has changed since crofting law first came into force.
Legislation has been updated, of course, but it is still based on
the principles underpinning the Crofters' Holdings (Scotland) Act
1886, which was introduced following the report of the Napier
Commission to Parliament in 1884. The Scottish Government is
committed to examining the modernisation of crofting law within
this Parliamentary session.

In recent months, my officials have held a number of engagement
events across the Highlands and Islands in order to hear the views
of those with a crofting interest. I am extremely grateful to those
who have taken part in these events, as the contributions that
participants have made helped form the basis for this consultation.
I am also grateful to the
REC
Committee for its early engagement work and to others such as the
Crofting Law Group. I am equally thankful to have had access to
such documents as the Crofting Law Sump, and the Shucksmith
Report.

I want crofting to have a positive future, one that secures its
place at the heart of rural communities and the rural economy. The
Act of 1886 secured rights for crofters and legislation has since
preserved those rights and developed responsibilities associated
with them. Rights and responsibilities remain important today, but
as we look forward, we must see how crofting best contributes to
the rural economy and how it can help in re-peopling Scotland's
rural areas.

There are undoubtedly challenges ahead, such as those that are
likely to come from leaving the European Union. We need to ensure
that we meet those challenges. Having an environment that
encourages optimism and allows those associated with crofting the
opportunity to develop businesses and manage the landscape for the
benefit of all is key.

Accordingly, I believe it is sensible to approach crofting
reform from an open perspective as the legislation can take many
different forms. That means we may be looking at a range of
options, from a tidy-up or a consolidation exercise through to a
clean sheet approach. I have also noted there have been
recommendations on non-legislative aspects of crofting policy that
I think should also be recognised. I welcome this, as legislation
is not always the best way to make improvements.

I encourage everyone to participate in this consultation.
Decision making is central to government and one that is best
achieved through listening to viewpoints and in the sharing of
ideas. I look forward to seeing the responses to this
consultation.

Fergus Ewing
MSPCabinet Secretary for the Rural Economy and
Connectivity